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HOP1996-00090 A City of Tigard CITY OF TIGARD Washington County, Oregon TYPE II HOME OCCUPATION NOTICE OF DECISION c= BY THE PLANNING DIRECTOR This is to notify property owners within 250 feet, that the below named person(s) have been approved for a Home Occupation Permit. EFFECTIVE DATE: September 3, 1996 Business Name: Pacific Natural Sales, Inc. DBA: Same Name of Applicant: Waker, Steve and Jan File No.: HOP 96-0090 Property Address: 13045 SW 107th Court City: Tigard State:Oregon Zip: 97223 Tax Map&Lot No.: WCTM 2S1 03AD, Tax Lot 03500 Zone: R-4.5 Nature of Business: Home office to operate a food brokerage business. Notice is hereby given that the Planning Director's Designee for the City of Tigard has APPROVED this Home Occupation. No business activity shall begin until after the appeal period has expired. THIS HOME OCCUPATION IS SUBJECT TO THE FOLLOWING CONDITIONS: 1.) Home occupations may be undertaken only by the principal occupant(s)of a residential property; 2.) There shall be no more than three deliveries per week to the residence by suppliers; 3.) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of the Tigard Community Development Code (TCDC) Chapter 18.090, Environmental Performance Standards; 4.) The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25 percent of the combined residence and accessory structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; 5.) A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TCDC Chapter 18.144 of this title; 6.) More than one (1) business activity constituting two or more home occupations shall be allowed on one property, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit (The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although payment for each separate business is not required, it is required that all names of the businesses' which are currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly posted at the business location. 4 ► HOP 96-0090/TYPE II DBA: PACIFIC NATURAL SALES, INC. NOTICE OF DIRECTOR'S DECISION 7.) There shall be no storage an distribution of toxic or flammable materi&' -nd spray painting or spray finishing operations that involve toxic c imable material which in the judgment of sire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use; 8.) No home occupation shall require any on or off-street parking other than that normally required for a residence. 9.) The following uses are not allowed as home occupations: (a) Auto-body repair and painting. (b) Ongoing mechanical repair conducted outside of an entirely enclosed building. (c) Junk and salvage operations. (d) Storage and/or sale of fireworks. 10.) There shall be no exterior storage of vehicles of any kind used for the business except one commercially licensed vehicle of not more than three-quarters ton GVW which may be parked outside of a structure or screened area. 11.) There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback. TYPE-II HOME OCCUPATIONS ALLOW THE FOLLOWING ACCORDING TO THE TCDC CHAPTER 18.142.050: (a) One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; (b) No more than one outside volunteer or employee who is not a principal resident of the premises; (c) No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street parking; (d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five percent of the total lot area and shall not occur within the front yard or the required side yard setback. If any of the preceding conditions are not met, this Home Occupation Permit will be immediately invalidated. Notice was posted at City Hall and mailed to: XX The applicant and owners. XX Owners of record within the required distance. THE DECISION SHALL BE FINAL ON SEPTEMBER 3, 1996, UNLESS AN APPEAL IS FILED. Any party to the decision may appeal this decision in accordance with Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within ten (10) days after notice is given and sent. The deadline for filing of an appeal is 3:30 PM on Tuesday September 3, 1996. If you have any questions, please call the City of Tigard Planning Department at Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223, (503) 639-4171. . e A- 8/20/96 PREPARED B Jill Aldrich, Development Services Technician Supervisor DATE f �cc�.� _ -z- 8/20/96 APPROVED BY: Richard Bewersdorff, Senior Planner • HOP 96-0090/TYPE II DBA: PACIFIC NATURAL SALES, INC. NOTICE OF DIRECTOR'S DECISION Alb• City of Tigard,Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington )ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say: that I am an Administrative Specialist II for The City of Tigard, Oregon. ❑ That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR: (crock boa.bo e.,d.oprc.br.) (ctled'appropnate box Deem) (Enter Public Hearing Date above) ❑ City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council That I served NOTICE OF (AMENDED ❑) DECISION FOR: (Chock box•ove. apPle•a•) City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: (c>odc box above.,V apvri+b.) (check appropriate box below) ❑ City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S) of which is attached, marked Exhibit "A", was ma ed to each na ed person(s) at the address(s) shown on the attached list(s); marked Exhibit"B" on th- da of tr. 199 , and deposited in the United States Mail on - •ay •fr 199 postage prepaid. . 2 Prepared Notice VP Subscribed and sworn/affirmed before me on the day of _ Amat • t , 19 �•��, OFFICIAL DERKS �^r.-�� DIANE M JELDERKS NOTARY PUBLIC OREGON ` II �;;� COMMISSION NO.046142 NOTARY PUBLIC OF • GO MY COMMISSION EXPIRES SEPTEMBER 07,1999 My Commission Expir -. f ! FILE INFO.:I NAME(S): / , [C Gt -r CASE NO(S). /096 00y-G TYPE OF NOTICE&DATE: HopgU- Q) . 'o 2) EVE- 2S103AD-02800 2S103AD-03000 BATES, JOYCE WAINE CARN, ROBERT W AND JOAN F 12855 SW 107TH CT 12875 SW 107TH CT TIGARD,OR 97223 TIGARD,OR 97223 2 03AD-00810 2S103AD-04100 CITY TIGARD DILLON, DAVID M/ANASTACIA M 13125 S LL BLVD 13020 SW 107TH CT TIGARD,OR 7223 TIGARD,OR 97223 2S103DA-01800 2S103AD-02600 FOLKERTS, JANE L FROST,LORNA 10815 SW DERRY DELL CT 10800 SW PATHFINDER WAY TIGARD,OR 97223 TIGARD,OR 97223 2S103DA-01400 2S103DA-01500 GAGATCH,ARTHUR JOSEPH& GOLDEN,THELMA BARBARA ANN 10725 SW DERRY DELL COURT 10695 SW DERRY DELL CT TIGARD,OR 97223 TIGARD,OR 97223 2S103AD-02900 25103DA-01700 HANEY, JOHN E& HARGRAVE, JAMES N CANTON-HANEY, CINDY DOROTHY M 12865 SW 107TH CT 10785 SW DERRY DELL COURT TIGARD,OR 97223 TIGARD,OR 97223 2S103DA-01600 2S103AD-04000 HOLMES, GERALD D HOOPER,VANNON J&KELLIE MARI 10755 SW DERRY DELL CT 13040 SW 107TH CT TIGARD,OR 97223 TIGARD,OR 97223 2S103AD-03100 2S 103AD-02100 JARMER, NICHOLAS T&STACY A LEACH,TOM ALLEN SR&HYE SIN 12885 SW 107TH CT 10950 SW PATHFINDER WAY TIGARD,OR 97223 TIGARD,OR 97223 2S103AD-04300 2S103AD-03800 LYMAN, HAROLD E MARTIN, PHILLIP D AND NANCY K MARY LOU 13080 SW 107TH CT 12980 SW 107TH CT TIGARD,OR 97223 TIGARD,OR 97223 2S 103AD-04400 2 S 103AD-03700 MIYASATO, LANCE S NACHBAR, KENNETH J AND 12960 SW 107TH CT BRAGDON, SUSAN HORTON TIGARD,OR 97224 13085 SW 107TH CT TIGARD,OR 97223 2S103AD-03200 25103AD-00809 PETERSON, DAVID EARL/MARILYN K PIERCE,STEPHEN W AND PEGGY C 12905 SW 107TH CT 10970 SW PATHFINDER WAY TIGARD,OR 97223 TIGARD,OR 97223 oP q10-46 (py• 2 {2 ) 2S103AD-04200 2S103AD-00811 SAVAGE,ALICE K SCHULZ, DAVID 13G00 SW 107TH CT LINDA M TIGARD,OR 97223 19105 NE HWY 240 NEWBERG,OR 97132 2S103AD-02400 2S103AD-03600 SIBELIAN, KENNETH E AND SIMERLY, RICHARD B AND NANCY E CECILIA Z 13065 SW 107TH CT 10850 SW PATHFINDER WAY TIGARD,OR 97223 TIGARD,OR 97223 2S103AD-03300 2S103AD-01700 STEPHENS, RICHARD L&MARY J SUNDT,WILLIAM V 13005 SW 107TH CT MARY JANE TIGARD,OR 97223 10885 SW PATHFINDER WAY TIGARD,OR 97223 103AD-06800 2S 103AD-03900 TIG D, CITY OF TUCKER, ERNEST LEROY JR 13125 S ALL LOUISE RUTH PO BOX 23 13060 SW 107TH CT TIGARD,OR 23 TIGARD,OR 97223 2S1 03AD-02500 2 S 103AD-03500 TWINE, JEFFREY T WAKER,STEVEN D AND 10820 SW PATHFINDER WAY JAN D TIGARD,OR 97223 13045 SW 107TH TIGARD,OR 97223 2S103AD-02300 2S103AD-01800 WALHOOD,TERRY A WANG, FRANK A ANNA C 10880 SW PATHFINDER WAY 10905 SW PATHFINDER WAY TIGARD,OR 97223 TIGARD,OR 97223 2S103AD-03400 2S103AD-02200 WISER, PAUL LINDA WOODRUFF, MICHELE 0 13025 SW 107TH CT 10900 SW PATHFINDER WAY TIGARD,OR 97223 TIGARD,OR 97223 City of Tigard, Oregon s-�,i► �'`)I�i ti. FOR STAFF USE ONLY HOME OCCUPATION II APPLICATION CASE NO. >(P'7' -r?O ?C CITY OF TIGARD, 13125 SW Hall OTHER CASE NO'S: Tigard, Oregon 97223 - (503) 639-4171 RECEIPT NO. ci l / APPLICATION ACCEPTED BY: CJ DATE: - Qr 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION X51 0301 D% ✓ (A) Application form (1) [30 f S1/4.0 101:iL`' ck- "TgAv Of q 7 27 3 (B) Owner's signature/written SITE SIZE _ Sq '7, 920 t- authorization PROPERTY OWNER/DEED HOLDER* SktNe.. Tan WAke sz. (C) Tax Map-antaax-Lot-No. ADDRESS 13045 Si.W 011 et PHONE (p 7_O X5711+ ✓ (D) Title transfer instrument (1) CITY —119 AY A a O . ZIP �l� 22 3 (E) Plot plan (1 copy) APPLICANT" Se\%t } Yoh (F) Applicant's statement (1 copy) ADDRESS V-4%ak'S Su.) 1©T O\ Ci PHONE ( 2(. S'714 (G) Filing Fee $5e- + CITY -11 Y Nrtt � ZIP Q74,Z P BUSINESS NAME P C4 C. l &urAl S kci DATE DETERMINED TO BE COMPLETE: *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) FINAL DECISION DEADLINE: must sign this application in the space provided on page two or submit a written authorization with this application. COMP. PLAN/ZONE DESIGNATION: 2. PROPOSAL SUMMARY The owners of record of the subject property request approval of a home occupation to l� allow (be specific) W E AR Fc E ct� Q re,KE J N.P.O. Number: t)r R testing nmc.,1/41,.i f>,c4-.)Ls c� Foca CQ4kpavt cs Planning Director Approval Date: 3. Specify whether you are using a detached building on your property and give dimensions: Business Tax: 00/3 jF t'3 UPSE. 3. List any variance or other land use actions to be considered as part of this application: 4. Applicants: To have a complete application you will need to submit attachments described below: A. One application form with signature or written authorization B. One copy of the title transfer instrument (eg. deed) C. One copy each of the attached question sheet and floor plan D. Filing fee: Type I - $10 Type II - $50-25c. 5. THE APPLICANT(S) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this 1`"+ day of ) :_1/4 `( , 19 (K) SIGNATURES of each owner (eg. husband and wife) of the subject property. d_ 1 gralt,D Revised 11/21/91 I i TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS: 1. Will you have any paid employees working in the home in conjunction with the business who are not residents of the home? inlet )- 2o £ c A yoxi2 2. Will you have customers/clients coming to your residence? If so, how many per day? YeS-- 20 CAs-t m vqs p-Qr •t Ev;�2 3. Will you have deliveries or pickups made of products or supplies to your residence? If so, how many and what type? ��-- SAvh,P1eS - tip's dellcries 001 - 'Jo PICA ttp. — of- ek) - AvtrAle wQk For $c.tsiiners 3 per uJeel� 4. What will your hours and days of operation be? Pex-souM f�(11�i1 orcke•e- 7:oOANN- 57%OPM companCts- 5. Will the business generate any noise which can be heard outside of the structure? ,t)0in 6. How many square feet is your residence and how many square feet will be devoted to the operation of your business, including storage areas? 3000 see �}orn� -- oaf �ct=r 36(74 S4 7. What vehicles will be associated with the business that are garaged at the residence? ,w Peliugry UeAic/PS - S /OWE 4 CArz Ust r penot)al aim" attsINess: 8. Do you intend to store any materials, vehicles or products outdoors at the premises in conjunction with the business? 9. Will you have any signs or advertising visible from the exterior of the premises? VOA) 10. Please show the floor layout of your house and the area to be used for your home occupation on the attached graph paper. Please designate those areas which shall be utilized 1) entirely for the home occupation and 2) partially for the home occupation. Please designate the approximate dimensions of the rooms(s) to be used for the home occupation. n\wordlcomdevthopermit • • • MfiN c'figa ZS I . 1[( • CAsetArWk omce is xz' 26'i sq' {ramp gag, s_s 1 25: ',ciiiit. � . AFTER RECORDING MAIL TO: ', .• , WEST ONE SANK , OREGON , S . B . 3336 E11 NEADOMS RD SUITE 144 • LAKE OSWEGO , R 97035 LOAN NO. 8390943 Mace Above This Una For R000•dkig Owl DEED OF TRUST THIS DEED OF TRUST CSecurlty Instrument') is made on J a n u a r y 3 . 1q94 . The grantor Is STEVEN D . MAKER and JAN 6 . MAKER , AS TENANTS BY THE ENTIRETY 1 ("Borrowerl. : ThOt!'USIO S TICOR TITLE INSURANCE COMPANY ("Trustee"). The y beneficiary b3 WEST ONE BANK , OREGON , S . D . 1: which is organized and existing under the laws of ,and whose address 3 155335 SW MEADOWS RD SUITE 144 , LAKE OSWE60 , OR 97035 ('Lender"). Borr owerowesLendef the principal SumofSixty Thousand Dollars and no/ 100 Dollars (U.S.$B 0 , 0 0 0 . 0 0 ). This debt Is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"),which provides for monthly payments,with the full debt, if not paid earlier,due and }, payable On F• H '•u a r y 1 , 2 0 0 9 . TIs Security Instrument secures to Lender. (a)the reps exit of the debt evidenced by the Note,with Interest, and all renewals, extensions and modifications of the Note; (b)the payment of all other sums,with Interest, advanced under paragraph 7 to protect the security of this Security Instrument;and (c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, 3 Borrower Irrevocably grants and conveys to Trustee, in trust,with power of sale,the following described property located in W A S H I N G T O N County, Oregon: LOT 25, PATHFINDER, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. } which has the address of 13045 S . V . 107TH COURT TIGARD ' [Street] (CAA Oregon 9 7 2 2 3 - 3 9 5 7 ("property Address"): Pp tea] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing Is referred to In this Security Instrument as the"Property." BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. OREGON—SINGLE FAMILY—FNWIa/FHLMC UNIFORM INSTRUMENT t t FARM 7ni•o/en P4 IvtL• bines uniform covenants for national use and property cOvenarns with THIS SECURITY ions INSTRUMENT to nom Instrument covering limited variations by jurisdiction to constitute'uniform aC and apnea as follows: due UNIFORM COVENANTS. Borrower and Lender cove er shall promptly pay 1. Payment of Priricipat and Interest;Prepayment and Late CMOs. Borrow d Interest on the debt evidenced by the Note and any prepayment and late charges due under the the principal of and shall pay Note applicable law or to a written waiver by Lender,Borrower Note, urns the Note is paid In full, a sum Funds')tor. (a) y�dy �, Funds t tor Taxes monthly Insurance.aSubject under oth until the Note is instrument In a lien on the Property;unst yearly arty to s and day monthly p hi� attain priority , (c)yearly hazard or ent as Insurance on Ce premiums; (d) yearly old payments and nts or noun which may an sums payable by leasehold d insurance a premium rents on the Property, nag )Y , and (0 Y mortgage Insurance premiums, if any'payment of mortgage endurance early flood Inen er,I premiums,coan o any: (e) provisions aragraph 9, In lieu of the paytn pp premium . Lender,In accordance with the Items.' Lender may,at any time,collect require hold Borrower's s in a escrow not to emceed. These items are amount "Escrow loan may a count the the ameant s tender for a nt Procedures mortgage a lesser amount. It time Lender may,at any under the federal Real Estate Settlement Procedu��of t g74 as amended from time to time UU.S.C.Funds 26CpUnt U applies to time,t et seq. and hold Funds unless another law that t aexl due correct and ho+d Funds In an and reasonableestimateshoflexpenditu es ofLfuture eEscrow Items or otherwise In due an the basis of Current data end re law. Instrumentality,or entity accordance with applicable the ounds tb y Loan Bank. Lender shall apply In the The Funds Lender, if Lebe nder held rr is such an institution) ordI deposits are Home Loa E agent an Institution whose (including E crow Items.tt Le not charge Borrower for holding and applying the Funds, annually analyzing pay the Escrow.toms. Langer the Escrow < g pays garrower Interest on the Funds and appllcaole law escrow account, or verifying the Escrow Items, unless Lenderyl�Y Lender in connection with this loan, unless ap�ic sole law be rmits Lender to make such a charge. However.. Lbender ms require Borrower to pay a one-timeBcharge for an e rtVn ser`ice use by independent real estate tax reporting applicable law requires interest to be paid,provides otherwise. Unless any i tares or a is made or apps required to pay Borrower any merest or earnings tb BorrBorrower ho�charge,an annual accounting! of he q paid on the Funds. Lender 9 that interest showing snail be p8 se for which each debit to the Funds was made. The Funds, showing credos and debits to the Funds and the puree twine taw, Lender shall account to Fund sir® Plc�dg0d as addltionai security for all sums secured by this Security Instrument. It the Funds held by Lender exceed the amounts permitted to be held by applicable In accordance With the requirements of applicable law. If the amount of the Funds heid ^t•, t ,,nd+r for the time Is Funds su lender may tiro„eitity porrow•r in wittinv,and. to Lender the amount necessary to make up the deficiency. Dorrowor shall make up ti � �n<ier at any tune is not sufficient to pay the Escrow items when duo, ± of case Borrower re than pay payments,at Lender's solo discretion. ;rte deficiency payment in no more than twelve secured pay shall Lender, prior to the Borrower any U on payment Vn full of all sums securedtby this der sh,alltacqufre r sell the Lender rolhiell promptly refund to Borrower a i� 2 . L or sale held by roper y s. ll apply ly an paragraph Ur sa to cf the Property, shall seedy any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. applicable law provides otherwise,all payments received by Lender under 3. Application s ll Payments, , to any prepayment charges duo under the Note; second,to amounts payable under paragraph rah 2; shall be app to any late charges due under the Note_paragraph 2;third, to Interest due;Worth, to principal due; and last, 4. Charges; Liens. Borrower shall pay all taxes. assessments, charges.tines and is or ground atenbut boy o the h 2, or if not paid in that manner, Borrower Borrower shall may heserobligationns in the manneryprrovided in paragraph 2, n paid in furnish that Lender alt Borrower of shall pay shy pay payment. Borrower shall promptly ahall pay them on time directly to the e `If Borrower ymakes these payments directly, Borrower shall promptly furnish amounts to be paid under this paragraph.ants. to Lender receipts evidencing the pay over this Security instrument unless Borrower:} contests in Borrower shall promptly discharge any lien which has priority ment of the obligation secured by he lien in a manner acceptable to Lender; 'm od s it writing to the payment legal proceedings which In the Lender's opinion .1per faith the pen bh. enforcement forcem against of the lien;or(c) secures the from in, leg p' part ore ent satisfactory is subject to to prevent the enforcement of the Vlen; or(c) f Lendertdete�n'tlrtes that any pa agreement sa !si cthP lien.to seers l7 1__en�ier subordinating attain the Ilan to this Security Security give Borrower a notice identifying 'i n lien which may attain priority over this Security instrument, Lender may _i 3rxra wen shall satisfy the lien or take one or more of the actions set fo l !thi10 s f thliv n ci notice. 5. Hazard or Property insuranct. Borrower,hail keep the improvements me existing hereafter erected i the Pre t3Vty insured against loss by fire, hazards include within the term rm insurance shall be maintain yll other amounts In o for(t eiic rk or ftoctdtng,for which Lender requires 0 byypo Cf ono tor the pt;rieyUea that Ler,rlb.r�.gNirP4 The insurance ear i @r p1�yU{Oln'irtar�d�r�wre�f r.relw ti ama nM�OSA�ct'�rU'rih��JJltith'L'd subject to Lender's approval which otiohn,lobtan coverage to protect Lender's rights In the Property above, Lender may, at Lender's P paragraph 7. FORM 3038 9/90 OREGON-,SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRU PALL 2 OF 6 1St/CMDT On//00291/3033(9-50) I •JMry rvu. • Irl�...da a standard mortgage Gaut e. policies and renewals shall be acceptable to Lender and shall shall promptly ge to..ender AM ht to hold the policies and renewals. if Lander requires, Borrower Prompt pronotly to the aarrec receipts of have the rIq notices. In the event d loss,Borrower ant unsce a Palo and Lender.and renewal If not made promptly by Borrower. Insurance carrier and Lender. Lender may make prod d loss proceeds shall be applied to restoration or repair Unless Property a and Borrower otherwise agree rep In I .co writing, Abe and Lender's security is not lessened. If the the Property damaged, if the restoration or repair Is economically leder's security the insurance sere ads economically feasible or Undoes security would,h l b a pp> a or repair b not curd whether or not then due,with any excess paid to sha14 be applied to the sums secured by this Security Irratrurrtent. within 30 days a notice from Lender that the Borrower. If Borrower abandons the Property, or does not answer tact the Insurance proceeds. Lender may use the proceeds carrier r or offered to h Property e a e then secured by this Security InswfTeM,whether or not then due. The to repair or restore the Property ay period will begin when the notice Is given. application of proceeds to pr{nClpa! shall not extend or Unless Lender and Borrower otherwise agree in wrtGt��e any 1 and 2 or change the amount of the peymena the n e dote of the monthly payments acquired by Lender,Borrower's right to any Insurance policies and promeds If under from damage 21 the the Proper to the rw'qu�lon shall pass to Lender to the extent of the sums proceeds resulting from damage to the Property prior secured by this Security Instrument Immediately prior to the acquisition. Borrower's Loan Ap{rllcatlon; e. Occupancy,Presentation,Maintenance and Protection of the Property; principal residence r I do sixty daysehor the Borrower shall occupy,establish,ent and shall continue to occupy the Property as Borrower'e principal load after foe execution of this Security shall n not for r least one year after the date ess extenuating ciu�Winces exist which are beyond Borrower's control. shall not s shall not str unreasonably ,damage it the Property,allow the Property to deteriorate, or commit waste on the Borrower shalt no destroy,damage or impair � whether civil or criminal, is begun that in Property. Borrower shall be in default if any forfeiture action or proceeding,�w eth whether civ l materially rmpair the lien created by Lender's good faith Judgment could result In forfeiture of the Property this Security instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided In paragraph 18, by causing the action or proceeding to be dismissed with a rot o2 other material al I Lender's good f at th the lien determination, precludes forfeiture of the Borrower's Interest In the Property provide this Security Instrument or Lender's security interest Borrower shall also be in default if Borrower, during the loaned application gave materially false or inaccurate information or statements to Lender(or failed to loaner with aoy process• g the Note.including, but not limited to, Lender with any material Information) In connection with the loan®"a a p�by residence. If this Security Instrument representations concerning Borrower's occupancy of me Property is on a leasehold, Borrower shall comply with ell the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees t h the merger in writing. agreements 7. Protection of Lender's Rights in the Property. if Borrower fails to perform contained in this Security instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding In bankruptcy, probate,for condemnation o forfeiture o toten Property laws ty sod Lender's regulations), then Lender may do and pay for whatever is necessary protect rights In the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security instrument,appearing in court, paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under unde this paragraph a Lender shall dome additional debt of Borrower secured by Any amounts disbursed by Lender r to other terms of payment,these amounts shall bear this Security Instrument. Unless Borrower and Lender agree terble,with interest, upon notice from Lender to interest from the date of disbursement at the Note rate and shall be pays Borrower requesting payment. 8. Mortgage insurance. If Lender tequiad 9��qulred ormaintain the mortgage nsugrance inn effect. It,for this r Security reason, Instrument, Insurance shall pay the premiums reason,the mortgage Insurance coverage required by Lender lapses or ceases to be In effect, Borrower shall pay the premiums required to obtain coverage o substantially equivalent ortgage Insurance prevlou previously in effect,h'om in alternate at a cost substantially equivalent to the cost to mortgage Insurer approved by Lender. If substantially equivalent mortgage Insurance coverage Is not available, Borrower id by Borrower pay when nehe Insurance such ocQ @age lapsed or ceased!ohbe In eiffect yLende w insurance user and retain pals by Harrower s a to the erve In coverage payments may no longer be required, these payments as a loss reserve In Ileu of mortgage insurance. Loss reserve Pay period that Lender requires) provided wired the option of Lender, it mortgage insurance coverage(in the amount and for the pe od the premiums requires) req by an Insurer approved by Lender again becomes available and Is obtained. Borrower shall pay Insurance ends to maintain mortgage insurance in effect, or to provide a loss reserve, until the reguiirreement for mortgage in accordance with any written agreement between Borrower and Lender or applicable dons of the Property. Lender 9. inspection. Lender or its agent may make reasonable entries upon and inspec shall give Borrower notice at the time of or prior to an Inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award Property,aim for damages, ages, directin or lieu mnin connection hen with assigned and shall be paid to Legider. tart o FORM 3038 9/90 OREGON-SINGLE fAMtLY-FNMA/FHLMC UNIFORM INSTRUM NT 3 OF 0 ISC/CMDTOR//029•/3x0(9-90) \NNd. j . ' ' the s shall be applied to the sums secured by Property in In the event whether a or nl t he dt property, In the event Of a pa excess peed of Bo�N°r• to or greeter then fife�� 2 d the which Chet, it mar value not of the r with a immediately before the taking Is equal taking,unless Borrower�Lends'otherwise agree whim&the fre market value of th N nt Immediately before the ao►cwnt ra the proceeds musts { in writing,secured by this secured Instrument shall be reduced by the t the following the sums ge(a)red�otal`a�m the sums secured lmmedtate+ before the taking,divided by(b)the dell be paid to Bore• the market fort etdu fraction. (a)the Immediately before the taking. Any balance hag be before Borrower. I taking is less than the market as in of the trope In which the fair market`value of the Property agree instrument pa rtla{taking of the Property immediately before the taking, unless B1�to d Lender secured this Security writing or amount i p the sums secured provides,the proceeds shall be apps unless apt:+icable law otherwise p er that the condemnor offers to whether or not the sums are then b due.g er,or If,after notics by Lender to Borrow' alter the dote the If the Property or is abandoned by damages.Borrower fads to.�aapond to Lender within 30 days repair of the the prpceedL sat its option, either to restoration or make an giver,or settle a authorized for damag t not then due. Property is or to►,Lender to ecured b this Security instrument,whether s to principal shall extend or Property or to the sums secured by application of proceeds principal sal sh of such Unless Lander ate Borrower f the monthly paymen rt referred to In any paragraphs 1 and 2 or change postpone the due date payments. successor In war Not Released; Forbears►nce By Lender •lnstru Instrument b Lendter to sueoessors in S Boma this Security modification rust of rr war shall not of the te to release liability of the original Borrower or orn•oWef 8 interest of Borrower shell not ape 1 s against any successor in interest or refuse to extend i p this Security Instrument by reason of any time for Lender shall not be required eof sums secured by forbearance a tbyder reason nx of exercising demand for made or otherwise modify amortization in interest Any demand made by the original Borrower or Borraws3�8 s;tl�essor8 any right or remedy shall not be a waiver of or preclude the exercise of a r{ nt or remedy. agreements any right ere. The covenants and ag 12. SucCessoru and Assigns bind Band b Joint and Several s and d assigns i joint Lend several. Any Borrower who Instrument shall bind and benefit the successors and of Lender and Borrower, sbjo only e of this Security Ins agreements a is 11 be joint this several. Instrument y o r Y co-signs this paragraph eunity I 17. Sort but does covenants and e only t (b) is co-signs signs this Security'Instrument but does sat execute the Note: rt under the terms of this Security Instrument;and (c) agrees that Lender end any other mortgage. grant and convey pay Borrower's interest in the eroperty not Borrower may obligated to pay the sums r ear o m this Security nee to extend. modify,forbear or make any accommodations with regard to the terms of this Security Borrower may he consent_ to a law which sets maximum loan Instrument or the Note without that Borrower's urity Instrument is subject t3. LOan Charw3s, nthe loan secured by t law is finally interpreted so that the interest or othsUCaacharges rge shall be be educed by collected the amount charges, and that permitted limits,then: (a) any sums loan collected from Borrower which necessary with the loan exceed the ee limit:and (b) any exceesary to reduce the charge to the permitted ant to Borrower. if a refund reduces principal,the reduction permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing e principal pe making a direct paym w ll be treat owed under the Noee or yment without any prepayment charge under the Note. will be treated as a partial P faY Security instrument shall be given by delivering it or by 14. Notices. Any all unless le Borrower le law for In this of r Lender. The notice s Lender re to d t given by mailing h by first class mall unless applicable law requires use of another method. The notice shall be directed t0 the Property Address l to a any other address Borrower designates by even to Borrower notice to Lender when given 11 to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any first class vi Instrument shall be deemed to have been g notice provided for in this Security as provided in this paragraph. Instrument shall ba governed by federal law and the law of the tic Governing Law; openy isi d.s n he event y rovision or clause of this Security I:iste law or the provisions of this Security Instrument Iurnene and Noteoti conflicts in which pplicableelaw,slocated.nfilcttshall not affect other p revoi this S this Security which ccanicts with app which can be given effect be severable. provision. To this end the p instrument. the Note are declared given one conformed copy of the Note and of this Security r a� y interest 10. Borrower's Copy. Borrower shall be g part of the Property 17. Transfer of the Property or a Beneficial Interest In Borrower. If ail or any pa payment In full of all sums transferred (or If a beneficial interest in Borrower is option,transferred r nd Borrower r►is not a natural by in it Is sold without ut Lender's( p Lender if exercise prohibited person) byhhis Security nstr men . ve ,this Lender may, secured by this Security instrument.uHowever,nstrument option shall not be exercised by yn The notice shall provide a period federal law as of the date of this Security all sums secured If Lender exercises this option, Lender shall give Borrower notice of ac„eleratlo these sums prior a l to the expiration Borrower this period, ay all sums may secure 0 f not less than 30 days from the date Borrower fails toe pay delivered sd or mailed the which on this period, anthem ed estp rm tted b If Security a any remedies permitted by this Security instrument without further notice or �. FORM 9/90 t __ ..-..••-._.-...n+0.n/CUT I • r - " such tat to have certain conditions, Borrower shall have the rag 1fll. Borrower's Right to Instrument If discontinued meets to the earlier of: (a)b day d sale oohs nee intitrum+nt dlacorftlnued at any time prior pursuant to any power a appl c nt d this Security for refrtetatement) before sale of the nau suan t. Those of sale are that th applicable law may specify entry of a Iudgment enforcing this Security Instrument and the Note re as if at no Bolo aW*f Y instrument; r it i covenants 5 hit nses Incurred act Gat (a) ere o Lender aN sums wa y Sefa lto a ye due.'►der ants out lees; end it faeces such urred Genf ratlort had ac urity t: (b) cures any data ut a�limned to, reasonable attorneys' (c) pays )ems a this Security Instrument, Inducting, instrument, Lender's right^,in the Property and as Lender require to assure that the lien of this ire Security shall continue unchanged• the Pr Bs Lender may raai ono Y the sums secured by this Security ens secured hereby shall remain fully effective as M Borrower's nt by Borrower,to pay instrument and the oW�t reinstatement by BorrvNHer,this Security not apply in the case of acceleration under no ecr�IQretfon had occurred, How rover,this right to reinstate; paragraph i o. 5 le a of Loan Ser•vlcer• The Note or a partial Interest in the Note(together with this Security rg, Sale of Note;Chang result in a change In the entity notice to Borrower. A sale may Instrument.ange in There Instrument)kn may be sold one or more times without monthly payments due under the Note and this Security (known as be o one or Service)that Collects Loan 14 above and applicable one or more changes of the Loan Servk'.er unrelated aped taccordance with paragraph i there is a chan should be also may Be new law. T r, Borrower will be given meted notice the the ne9 Loan Servicer and the address to which payments law. Thee notice will state the name andoa her llnformatioe required by applicable law. g or release made. The notice wile ubo contain any presence.use,disposal,storage,20. Hazardous Substances. Borrower shall not cause or permit the P to the Hazardous Substances,.on or In the Property. Borrower shall not do, nor allow anyone else to do,anything of any az recognized e that is In violation of any Environmental Law. The preceding two sentences shall not apply presence,theProperty, r sto; of small quantities of Hazardous Substances that are generally eco9 presence, use, or sto;ab9 on the Property be appropriate to normal residential uses and to maintenance of heiProperty. lalm demand, lawsuit or other action by Borrower shall promptly give Lender written notice of any the Property and any Hazardous Substance or or private party knowledge. If Borrower learns, or any Hazardous by any Su Substance or governmental or any governmental or regulatory Borrower P rdoea learns, or is notified affecting the v is regulatory Law authority,tof hat any or other lremediat ot any Hazy regulatory orrowe tl take all necessary remedial actions In accordance with Environmental Law. necessary. Borrower this r shall promptly As used In this paragraph 20, "Hazardous Substances'tn eshgasollne,�erosene, ocher flammable vratoxics substances ro by uts Environmental Law and the following Lave' means federal laws and laws of the roducts,toxic pesticides and herbicides,,volatile solvents, materials containing asbestos or formaldehyde, petroleum radio products, in this paragraph or"Environmental environmental Law* s f federal t protection. and rddioact h materiPro As uis located that relate to health, safety Iuristiiction vetoers the Property NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:on following Borrower's 2i. gCCeleravon; Remedies. Lender inr his Security give ur notice u Borrower( prior a the to acceleration r the action paragraph racl ovenant or agreement in this 5ecurlty l ice shAllnspe efy•��rfor to acceleration unde�ich the to 17 breach unof less any C The not cure e the efault; c) law provides otherwise).an 3s from the date the notice is given to Borrower,by core the must be: (c) a date, not less than 30 days The notice shall eft♦ut1 must be cured; and (d) that secured by this Security Instrument and sale of the Property.the The ti nruta rri inform ro ffo of the rig hoc Y further eexi t n errof a of the or a to t fense of Uorrawcr to ccatenUontand isale. IS he deteutt�s not the non-existence of a default or any require immediate payment in full of cured on or before the date specified in the notice, Lender at its option may req all sums secured permitted this by applicable c Instrument l without shell be entitled and expenses Incurred In pursuing the remedies mmee provided ovided id this apparagra paragraph 21, including,but not limited to,reasonable attorneys' tees and costs of the remedies provided to this ro9 P title evidence. If Lender invokes the power of sale, Lender shall execute or Cause Trustee to execute ofd and ha shall such is roperty be sold or Trustee hal shall give occurrence of an event of default and of Lender's election to cause the props notice to be recorded In each county d which any part of the o Borrower and to other persons prescribed by notice c applicable sale law. the manner prescribed ed by applicable liceble law,Trustee,without demand tin Borrower,shall sell the Proper yla taw• Altar the time re highs by apP ne sale of aN or Property y sale le Into a or more to the eels and bIn any order Trustee eterminer:.Trustee may postpone sa in the any of of the Props y°by public announcement at the time and place of any previously scheduled sale. Lender pa Lender or its designee may purchase the Property at any sale. FORM 3038 9/90 OREGON.-SINGLE FAMILY•-FNMA/FHLMC UNIFORM INSTRUENT PAGE 5 OF 6 iscrcMoroR//o29r/�fo rl f LOAN N0 a�� shall Trustee deliver to the purchaser Trustee's deed conveying e Property w any oe nt or of expressed or Implied. The recitals In the Tr'ustee's deed (a) truth warranty,the enf><tater►sate mode a including,Trustee a to Trustee's and attorneys'fees; Ito all by is sate,ity In and(a)any ex's to the person or pis filly Trustee secured eon 8ect>�y instrument,Lender she secured request rte 22. Reaonvsy� a all sums secured by to reconvey the Pa�por�ttyy.�payment der this Seaway Instrument parson without werranty and without charge Security Instrument to Trustee. Trustee shay�''�the �Y any or persons legally Substitute entitled Trustee.L. Such Pao"°f�time remove Trust� "' °r toa tyis, Trustee eppoint uncle Lender t may co from of the Property,the successor appointed hereunder.Without Trustee conveyance of try applicable power and duties conferred Fees. As teased in this Security Instrument and Note,.��s'fees'shell lry Jude any 24. Attorney" attorneys'fees awarded by an appellate court and recorded together 25. Riders to this Security Instrument. If one or more rider Borrower r� with this Security Instrument,the covenants and agreements such ri er sh as If the Incorporated In oat part amend and supplement the covenants and agreements of this Security Security instrument. [Check applicable box(es)) ❑ Condominium Rider ❑ t--4 Family Rider ❑ Graduated Rate Rifer ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider ❑ Balloon eayment Rider d Rate Improvement Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Other(s) (specify) contained In this Security BY SIGNING nt and In any riders)executed by Borrower aannd rec�orrdeed with L Instrument Witnesses: (S 1 s sa al) — , if G� (Seal) (S.aI) J _. .� (Sul) _ _ _[Space edow Ms Una For Acknow d9^ 'tCounty es: STATE OF OREGON, Washington t January, 1994 personally appeared the above named SYE ��Nhi� . SyAKE�yand JAN 6 . RAKER the 1 r voluntary act and deed. and acknowledged the foregoing Instrument to be : _ .'ame. (Official Seal) i � ,_ My Commission expires: 12-6-94 _ Notary Ptbllo for Oregon t�r'� PRUE ELLIS a>., NOTARY P i.:C•ORE(iON '� COMMISSION NO.003368 MY COMMISSION EXPIRES DEC.6, 1994 4. FORM 3038 0 0N..%NGLE FAMILY_F$MA/FHLMC UNIFO M INSTRUMEf�(T